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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Offences and penalties

63: Further penalty in certain cases where person driving vehicle used in transport service

You could also call this:

“Extra punishment for driving offences in transport service vehicles”

If you are found guilty of driving offences related to a vehicle used in a transport service (except rental services), you will face an extra punishment. The court will stop you from driving any vehicle used in a transport service for at least 1 year, but it could be up to 10 years. The court decides how long based on what they think is right.

The court can still stop you from driving for more than 10 years if other parts of this law allow it.

This rule is very strict. Even if another part of the law (section 94) says the court can give you a different punishment instead of stopping you from driving, this rule says they can’t do that. They must stop you from driving.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434812.

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62: Causing injury or death in circumstances to which section 61 does not apply, or

"Hurting someone while driving under the influence of alcohol or drugs"

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64: Defences, or

"Situations where you can defend yourself if accused of breaking driving rules about alcohol and drugs"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Offences and penalties

63Further penalty in certain cases where person driving vehicle used in transport service

  1. If a person is convicted of an offence against any of sections 56 to 62 that relates to the driving or attempted driving by that person of a vehicle being used in a transport service (other than a rental service), the court must, in addition to any other penalty the court may impose, disqualify that person from driving a vehicle being used in a transport service (other than a rental service) for such period exceeding 1 year but not more than 10 years as the court thinks fit.

  2. This section does not limit the power of a court under any other provision of this Act to disqualify a person for a period exceeding 10 years.

  3. This section overrides section 94 (which allows a court to substitute disqualification with a community-based sentence).

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Notes
  • Section 63(3): amended, on , by section 23 of the Land Transport Amendment Act 2017 (2017 No 34).